Juju dodges tax action

02 June 2015 - 02:04 By Ernest Mabuza and Olebogeng Molatlhwa

EFF leader Julius Malema won his own economic and political freedom yesterday when the SA Revenue Service withdrew its court application for a final sequestration order against him. Malema can now prepare for the 2016 local government elections without the threat of losing his seat in parliament.At 4pm yesterday, after an adjournment in the Pretoria High Court, SARS' advocate Nic Maritz told Judge Gregory Wright that his client had instructed him to withdraw the application.Malema was placed under provisional sequestration in February last year because of a tax debt of R18-million for the period 2005 to 2011.In May 2014 Malema signed a compromise offer with SARS, agreeing to pay R7.2-million.Maritz yesterday faced a barrage of questions from Judge Wright as to why SARS was seeking a final sequestration order.Judge Wright told Maritz that SARS was not allowed to enter into a compromise agreement with Malema if it thought he was hiding some of his assets."The May 26 2014 compromise must be an admission by SARS that it has maximised its recoverability from Malema," Wright said.Maritz said SARS had decided it was appropriate to compromise.Wright persisted, noting that, when the compromise offer was tabled, Malema listed donations, his salary and funds held by curators as his three sources of income.Wright asked: "What evidence is there that, between May 26 2014 and today, Mr Malema has other assets?"Maritz admitted that there was no evidence before the court and said the sequestration order would allow SARS to investigate whether there were other assets. In its application, SARS had said that Malema owed R32.9-million in tax.The application alleged that Malema had failed to keep his tax affairs up to date as he was obliged to do in terms of the compromise agreement. In addition to the original debt of R18-million, Malema allegedly owed amounts for the period incorporating 2011 and 2012, SARS said.Asked whether yesterday's outcome meant that Malema could press President Jacob Zuma on issues of financial impropriety without his own reputation being tainted, political analyst Professor Steven Friedman said: "The decision means Malema has one less scandal to deal with."He still has clouds hanging over him that have nothing to do with his tax affairs. There is the small matter of the millions worth of tenders he was awarded in Limpopo. People still have questions about his political legitimacy and this decision will do nothing to make them think otherwise of him," said Friedman.He said the decision by SARS "avoids a situation wherein [ it] is accused of having a political vendetta against Malema" .But Malema has not totally escaped the taxman.SARS spokesman Luther Lebelo said: "We are not pursuing collection through [sequestration]. We will use the normal debt collection means."The EFF's advocate, Vuyani Ngalwana, said that if SARS had succeeded in its application " the party itself would be rendered ineffective" because its leader would be prohibited from sitting in parliament...

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